Criminal Justice (Public Order) Act 2003

PART 3

Closure Orders

Application for closure order.

4.—(1) Subject to subsection (2), a member of the Garda Síochána not below the rank of inspector may apply to the District Court for an order under section 5 (in this Act referred to as a “closure order”) in respect of catering premises if in the member's opinion—

(a) (i) there has been disorder either on the premises or in the vicinity of, and involving persons who were on, the premises, or

(ii) noise emanating from the premises, or emanating from the vicinity of the premises and caused by persons who were on the premises, has been so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to persons in that vicinity,

and

(b) such disorder or noise is likely to recur.

(2) An application for a closure order shall not be made unless a member of the Garda Síochána has served, either personally or by registered post, a notice in writing—

(a) stating that in the member's opinion disorder or noise as mentioned in subsection (1) has occurred, and

(b) requesting the licensee to take such action within the licensee's control as is necessary to prevent, as far as possible, a recurrence of the disorder or noise within such reasonable period after service of the notice, not being more than 7 days, as may be specified therein.

(3) The application shall be on notice to the licensee or manager of the catering premises concerned.